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Dennis Backes Variance <br />October 16, 1995 <br />Page 2 <br />2, Meadowvale Heights Second Addition are unbuildable lots at this time due <br />i to the fact that a home cannot be placed on either parcel and meet all the <br />structure and DNR shoreland setbacks. The attached memo to the Planning <br />Commission explains this request in detail. <br />Planning Commission Meeting <br />At the September 26, 1995 Planning Commission meeting, the Commission <br />concurred with staff's findings and recommended approval of the variance <br />request by Dennis Backes. <br />Recommendation <br />The Planning Commission and staff recommend approval of the 20 foot <br />shoreline setback variance from an unnamed tributary and a five foot front <br />yard setback variance from 192-1/2 Lane based on the following findings. <br />1. Literal enforcement of the ordinance would cause undue hardship by <br />creating a situation where legal lots of record would be unbuildable. <br />2. A stream setback variance and minor front yard setback variance are a <br />. more environmentally sound alternative to the other option of relocating <br />the stream/ditch. Relocation of the stream would require the removal of a <br />stand of oak trees which provides a buffer between the subdivision and <br />railroad tracks. The relocation of the stream/ditch would also involve the <br />excavation of a small hill that would likely lead to an erosion problem in <br />the future. <br />3. The variance was caused by a unique circumstance stemming from <br />confusion between the developer, city, county and DNR regarding <br />jurisdiction of the stream/ditch when Meadowvale Heights was platted in <br />1993. It would now be very difficult to try and remedy this situation due <br />to the fact that the infrastructure related to the subdivision is already in <br />place (i.e. streets, sewer and water lines, etc.) <br />4. The variance would not be injurious to or adversely affect the health, <br />safety, or welfare of the residents of the city or the neighborhood wherein <br />the property is situated. Both Lots 3 and 4, Block 2, Meadowvale Heights <br />Second Addition are buffered on both the east and west side by a wetland. <br />Due to the distance between the adjacent homes within the plat - <br />approximately 150 feet -the setback variances will blend with adjoining <br />neighbors and not be out of character for the particular area. <br /> <br />s:council:v95-10 <br />